NSW Caselaw
New South Wales Supreme Court
CITATION : Australian Associated Motor Insurers Ltd v Motor Accidents Authority of NSW [2010] NSWSC 833
HEARING DATE(S) : 26/7/2010, 27/7/2010
JUDGMENT DATE : 30 July 2010
JUDGMENT OF : Barr AJ at 1
1. Set aside the assessment and certificate of the claims assessor made on 4 December 2009; DECISION : 2. Remit the third defendant's claim to the Principal Claims Assessor of the first defendant for allocation to a claims assessor other than the second defendant for determination according to law; 3. Order the third defendant to pay the plaintiff's costs of summons. 4. The third defendant should have a certificate under the Suitors Fund Act.
CATCHWORDS : Motor Accidents Compensation Act - assessment of claim under Part 4.4 - Guidelines - claims assessor's research into medical condition without notice to parties - whether procedural unfairness
LEGISLATION CITED : Motor Accidents Compensation Act 1999 - Part 4.4. ss 62, 99, 106. 122(3) MAA Claims Assessment Guidelines - Chapters 1, 16
CATEGORY : Principal judgment
CASES CITED : Ah-Dar v State Transit Authority of NSW (2007) 69 NSWLR 468 Rodriguez v Telstra Corporation Ltd [2002] FCA 30
Australian Associated Motor Insurers Limited PARTIES : Motor Accidents Authority of New South Wales David Ford Marie Kriticos
FILE NUMBER(S) : SC 2010/46211
Plaintiff - M Robinson COUNSEL : 3rd Defendant - E Romaniuk 1st and 2nd Defendants - filed submitting appearances
SOLICITORS : Plaintiff - Lee & Lyons Lawyers 3rd Defendant - Konstan Lawyers
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